[1977]DLHC1345 • April 20, 1977 • High Court
KUMAKYE vs. GHANA WATER AND SEWERAGE CORPORATION
On 12 February 1972, the plaintiff, an infant, was injured when a water tanker owned by the defendant corporation reversed and ran over her right foot causing extensive injury. The plaintiff, through her mother as next friend, commenced an action on 3 November 1975 claiming damages for negligence against the defendant. The defendant denied liability and raised a preliminary objection that the action was statute-barred under the Civil Liability Act, 1963 (Act 176) due to the three-year limitation period.
read moreJUDGMENT OF EDWARD WIREDU J. On 12 February 1972, the plaintiff, an infant, was drawing water from the defendant corporation’s water tanker bearing registration number GL 3893 when it suddenly reversed and ran over her right foot causing an extensive injury to the skin. On 3 November 1975, she brought an action against the corporation by her mother as her next friend claiming damages for the injuries she sustained in the said accident. She bases her claim on the negligence of the corporation’s driver. The defendant corporation deny being responsible for the plaintiff’s injuries and pleaded that the accident was due to the plaintiff’s own fault. By paragraph (5) of their statement of defence they pleaded: “The defendants say that the action is not maintainable as it is statute-barred.” In the summons for directions, the issue raised by paragraph (5) of the statement of defence was agreed to and set down for determination as a preliminary objection....